The security of tenure of staff in the local government service
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Date
2011-11-02
Authors
Kapeza, Noah
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Abstract
The aim of the study is to analyse the security of tenure of staff in. the local Government Service. This study has been prompted by the numerous complaints from the stuff, the Zambia Local Authorities Workers
Union,Members of Parliament and Councils themselves about delays in the processing of appointments, confirmation, transfers, secondments,terns and conditions of service and disciplinary cases. There have also been complaints about unfair treatment in the way disciplinary cases have been handled. The aim of the study is therefore to find
the reasons for the delays and unfair treatment end find some solutions to these problems. It is an admitted fact that for Council to operate efficiently the staff need to be motivated in their work and one of the ways to motivate them is to offer them security in tenure of office by seeing to it that appointments, confirmations,
promotions, transfers, secondments, terms and conditions of service and disciplinary cases are dealt with expeditiously. Further that there is fair treatment in the way disciplinary cases are dispose off. In order to have a proper perspective of the issues involved in the problem being analysed this will entail the examination of local
Government Service from pro-independence days to date to determine how secure the staff are in their tenure of office.
In the study the term staff will encompass both, officers and employees serving in the Local Government. The study is divided into three parts constituted of six chapters
district council.Part one comprised of chapter one gives the historical background
to the evolution and development of local government in Zambia.It also studies the local government service as administered by councils,Township Management Boards in urban areas and native Authorities in rural
areas and whether the staff employed under these institutions had security of tenure.Part two dealing with Local Government Service from independence
to date is comprised of four chapters namely chapters two to chapter five.Chapter two studies Local Government service between 1963 to 1974.The Local Government (officers) ordinance of 1963 which created the part-time Local Government Service commission and the provincial service Boards so as to allay the fears of the expatriate staff about their security of tenure is discussed in this chapter. Also discussed in this chapter are the failures and successes
of the Part-time local Government Services commission and the provincial Service
Boards. Chapter three focuses on the Local Government service between the period
1974 and 1980.The Local Government Act of 1974 which established the Full-Time Local Government commission analyzed.The reasons for
the creation of the Full-Time Local Government Service Commission and the failures and successes of the the commission are discussed. Chapter four is concerned
with Local Government Service between the period 1980 to 1986 which saw the enactment of the local administration Act No.15 of 1980, which established an integrated district council which combined and placed the tripartite local government structure (township, rural and municipal council, the
district development committees) and incorporated the party organisation. Under this Act the employees in the Local Government Service and Local Authority .Service were ''seconded'' to the Public
Service. The meaning of "secondment'' is discussed with reference to decided cases. The role of the public Service Commission in
guaranteeing the security of tenure of staff is also discussed. Chapter five discusses Local Government Service between the period
1986 to date. This chapter is devoted to analyzing the recent amendment to the Local Administration Act with the enactment of Act
.To. 21 of 1986 .which gives Councils power to hire, transfer, second,discharge or dismiss staff and whether under the provisions of this amemndment the staff have safeguards in their tenure of office.
Part comprises of chapter six is the conclusion of the study and is this chapter a summary of the conclusions drawn from
the study is made and recommendations is necessary to enhance the security of the staff are advanced.
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Keywords
Local government(Staffing)- -Zambia , Staff (tenure)- -Zambia